Case 5:21-cv-04653-BLF Document 92 Filed 04/12/22 Page 1 of 6
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`Alfred R. Fabricant (pro hac vice)
`afabricant@fabricantllp.com
`Peter Lambrianakos (pro hac vice)
`plambrianakos@fabricantllp.com
`Vincent J. Rubino, III (pro hac vice)
`vrubino@fabricantllp.com
`Enrique Iturralde (pro hac vice)
`eiturralde@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Road, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Benjamin T. Wang (CA SBN 228712)
`bwang@raklaw.com
`Minna Y. Chan (CA SBN 305941)
`mchan@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-9226
`
`Attorneys for Defendant/Counterclaim Plaintiff
`AGIS Software Development LLC
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`BAKER BOTTS L.L.P.
`
`
`
`
`LYFT, INC.,
`
`Plaintiff,
`
`v.
`AGIS SOFTWARE DEVELOPMENT LLC,
`Defendant.
`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`Case No. 5:21-cv-04653-BLF
`
`DECLARATION OF VINCENT J. RUBINO
`IN SUPPORT OF LYFT’S MOTION TO
`CONSIDER WHETHER ANOTHER
`PARTY’S MATERIAL SHOULD BE
`SEALED (DKT. 89)
`
`Dept:
` Courtroom 3 – 5th Floor
`Judge:
` Hon. Beth Labson Freeman
`
`Trial date: October 16, 2023
`
`
`DECLARATION OF VINCENT RUBINO IN SUPPORT OF LYFT’S MOTION TO
`CONSIDER WHETHER ANOTHER PARTY’S MATERIAL SHOULD BE
`SEALED (DKT. 89)
`
`Case No. 5:21-cv-
`04653-BLF
`
`

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`Case 5:21-cv-04653-BLF Document 92 Filed 04/12/22 Page 2 of 6
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`I, Vincent J. Rubino, hereby declare as follows:
`1.
`I am a partner at the law firm of Fabricant LLP and counsel for AGIS Software
`Development LLC (“AGIS”). I am admitted to practice before this Court. I have personal
`knowledge of the facts stated in this declaration and can and would testify truthfully thereto if
`called upon to do so.
`2.
`Pursuant to Civil L.R. 79-5, 7-11, and the Court’s Standing Order Governing
`Administrative Motions to File Materials Under Seal, I submit this declaration in support of
`Plaintiff Lyft Inc.’s (“Lyft”) Motion to Consider Whether Another Party’s Material Should be
`Sealed (“Motion”) (Dkt. 89).
`3.
`AGIS has determined that the information requested to be sealed is narrowly
`tailored and able to overcome the presumption in favor of access to court records. AGIS also
`submits that there are compelling reasons to grant Lyft’s Motion to Consider Whether Another
`Party’s Material Should Be Sealed.
`4.
`Specifically, the following documents submitted in connection with Lyft’s Motion
`should be sealed:
`ECF or
`Document
`Ex. No.
`ECF 88 Plaintiff Lyft,
`Inc.’s Motion to
`Compel
`Discovery and
`Compliance with
`Local Patent
`Rules
`
`Description of
`Portions to be Sealed
`Highlighted Portions
`at:
`• Page 2: lines 14-15;
`• Page 3: lines 16-17;
`19; 25-28;
`• Page 4: lines 1-2;
`26-27;
`• Page 5: lines 2-7.
`
`Reasons for Sealing
`
`The highlighted portions disclose
`information from:
`• Exhibit 10 to Plaintiff Lyft,
`Inc.’s Motion to Compel
`Discovery and Compliance
`with Local Patent Rules, and
`• Ex. 18 to Plaintiff Lyft, Inc.’s
`Motion to Compel Discovery
`and Compliance with Local
`Patent Rules, which AGIS
`designated as highly
`confidential and confidential,
`respectively.
`These highlighted portions contain
`highly confidential settlement licenses
`and negotiations with third parties, and
`which are covered by confidentiality
`provisions in the written agreements.
`Revealing the identity and nature of
`
`DECLARATION OF VINCENT RUBINO IN SUPPORT OF LYFT’S MOTION TO
`CONSIDER WHETHER ANOTHER PARTY’S MATERIAL SHOULD BE
`SEALED (DKT. 89)
`
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`Case No. 5:21-cv-
`04653-BLF
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`BAKER BOTTS L.L.P.
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`Case 5:21-cv-04653-BLF Document 92 Filed 04/12/22 Page 3 of 6
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`third parties who have entered into
`licenses and/or settlement agreements
`with AGIS would be harmful if its
`contents became known to competitors
`of these third parties, would cause
`AGIS harm, and also violate the
`confidentiality provisions in those third
`party agreements. Moreover, the
`parties to these agreements have
`maintained the confidentiality of the
`information contained in the license
`agreements. See Powertech Tech., Inc.
`v. Tessera, Inc., 2013 WL 12324116,
`at *19 (N.D. Cal. April 15, 2013)
`(granting a motion to seal a draft
`license agreement with a third party);
`see also In re Elec. Arts, Inc., 298
`Fed.Appx. 568, 569 (9th Cir. 2008)
`(finding the Court abused its discretion
`when it refused to seal “pricing terms,
`royalty rates, and guaranteed minimum
`payment terms” found in a license
`agreement); Nixon v. Warner
`Commc'ns, Inc., 435 U.S. 589, 598
`(1978) (holding that “sources of
`business information that might harm a
`litigant’s competitive standing” may
`give rise to a compelling reason to
`seal).
`These highlighted portions contain
`confidential financial information,
`such as AGIS Software’s confidential
`bank records. They also contain highly
`confidential settlement licenses and
`negotiations with third parties, and
`which are covered by confidentiality
`provisions in the written agreements.
`They also contain information
`regarding the corporate structure and
`contents of agreements between
`business entities, including the
`identities of shareholders. Revealing
`the identity and nature of third parties
`who have entered into licenses and/or
`settlement agreements with AGIS
`Software would be harmful if its
`
`Case No. 5:21-cv-
`04653-BLF
`
`Although Lyft had
`proposed the “Entire
`Document” be sealed in
`Lyft’s Motion, AGIS
`Software requests only
`the highlighted portions
`be sealed at:
`• Page 6: lines 4-
`8; 24-27;
`• Page 7: lines 1-
`7; 13-17; 26-27;
`• Page 8: lines
`22-27;
`• Page 9: line 1;
`• Page 10: lines
`27-28;
`• Page 11: lines
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`DECLARATION OF VINCENT RUBINO IN SUPPORT OF LYFT’S MOTION TO
`CONSIDER WHETHER ANOTHER PARTY’S MATERIAL SHOULD BE
`SEALED (DKT. 89)
`
` 2
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`
`ECF
`88-10,
`Ex. 10
`
`Exhibit 10 to
`Plaintiff Lyft,
`Inc.’s Motion to
`Compel
`Discovery and
`Compliance with
`Local Patent
`Rules
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`Case 5:21-cv-04653-BLF Document 92 Filed 04/12/22 Page 4 of 6
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`contents became known to competitors
`of these third parties, would cause
`AGIS Software harm, and also violate
`the confidentiality provisions in those
`third party agreements. Moreover, the
`parties to these agreements have
`maintained the confidentiality of the
`information contained in the license
`agreements. See Powertech Tech., Inc.
`v. Tessera, Inc., 2013 WL 12324116,
`at *19 (N.D. Cal. April 15, 2013)
`(granting a motion to seal a draft
`license agreement with a third party);
`see also In re Elec. Arts, Inc., 298 Fed.
`Appx. 568, 569 (9th Cir. 2008)
`(finding the Court abused its discretion
`when it refused to seal “pricing terms,
`royalty rates, and guaranteed minimum
`payment terms” found in a license
`agreement); Nixon v. Warner
`Commc'ns, Inc., 435 U.S. 589, 598
`(1978) (holding that “sources of
`business information that might harm a
`litigant’s competitive standing” may
`give rise to a compelling reason to
`seal).
`This document discloses excerpts of
`the deposition testimony of Thomas
`Meriam, the corporate representative
`of AGIS Software. Mr. Meriam’s
`testimony includes confidential
`information regarding the corporate
`structure and employees of AGIS
`Software, and contents of agreements
`between business entities, including
`the identities of shareholders. They
`also contain highly confidential
`settlement licenses and negotiations
`with third parties, and which are
`covered by confidentiality provisions
`in the written agreements. They also
`contain confidential financial
`information, such as AGIS Software’s
`confidential bank records.
`For the reasons set forth above, AGIS respectfully submits that good cause exists
`
`DECLARATION OF VINCENT RUBINO IN SUPPORT OF LYFT’S MOTION TO
`CONSIDER WHETHER ANOTHER PARTY’S MATERIAL SHOULD BE
`SEALED (DKT. 89)
`
`Case No. 5:21-cv-
`04653-BLF
`
` 3
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`5.
`
`1-11;
`• Page 12: lines
`3-28;
`• Page 13: lines
`1-28;
`• Page 14: lines
`1-28;
`• Page 15: lines
`1-28;
`• Page 16: lines
`1-28;
`• Page 17: lines
`1-21;
`• Page 20: lines
`12-14; 18-22;
`23-27;
`• Page 22: lines
`14-22;
`• Page 23: lines
`15-27.
`
`Entire Document
`
`
`ECF
`88-10,
`Ex. 18
`
`Ex. 18 to Plaintiff
`Lyft, Inc.’s
`Motion to
`Compel
`Discovery and
`Compliance with
`Local Patent
`Rules
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`Case 5:21-cv-04653-BLF Document 92 Filed 04/12/22 Page 5 of 6
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`for Lyft’s Motion (Dkt. 89) and AGIS respectfully requests the court grant Lyft’s Motion (Dkt.
`89).
`
`I declare under penalty of perjury under the laws of the United States the foregoing is true
`and correct.
` Executed April 12, 2022.
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`/s/ Vincent J. Rubino, III
`Vincent J. Rubino, III, Declarant
`
`
`Case No. 5:21-cv-
`04653-BLF
`
`
`DECLARATION OF VINCENT RUBINO IN SUPPORT OF LYFT’S MOTION TO
`CONSIDER WHETHER ANOTHER PARTY’S MATERIAL SHOULD BE
`SEALED (DKT. 89)
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`Case 5:21-cv-04653-BLF Document 92 Filed 04/12/22 Page 6 of 6
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`CERTIFICATE OF SERVICE
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`I certify that I caused the foregoing document to be electronically filed with the Clerk of
`the Court for the United States District Court for the Northern District of California using the
`CM/ECF System on April 12, 2022.
`
`I certify that all counsel of record who are deemed to have consented to electronic service
`are being served on April 12, 2022 with a copy of this document via the Court’s CM/ECF systems
`per Local Rule CV-5(a)(3). Any other counsel will be served by electronic mail, facsimile, overnight
`delivery and/or First Class Mail on this date.
`
`
`DATED: April 12, 2022
`
`
`/s/ Minna Chan
`
`
`
`
`
`
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`Case No. 5:21-cv-
`04653-BLF
`
`
`DECLARATION OF VINCENT RUBINO IN SUPPORT OF LYFT’S MOTION TO
`CONSIDER WHETHER ANOTHER PARTY’S MATERIAL SHOULD BE
`SEALED (DKT. 89)
`
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